MANZOOR AHMED vs THE STATE
This matter comes before the Lahore High Court through a criminal miscellaneous application seeking the suspension of a life imprisonment sentence and release on post-arrest bail pending the decision of the main appeal. The core legal question revolves around whether the convict is entitled to the suspension of sentence and grant of bail on the statutory ground of delayed adjudication of his appeal, where the delay is not attributable to him. The court held that since the appeal filed in August 2009 remained undecided due to the overburdened state of the court, and the petitioner was neither a desperate nor a hardened criminal and had no previous criminal record, he was entitled to the concession of bail under the statutory provisions. The key principle laid down is that a convicted person whose appeal is not decided within a reasonable time through no fault of their own, and who is not a hardened criminal, may have their sentence suspended and be released on bail under Section 426 of the Code of Criminal Procedure 1898 as amended.
- Can a sentence of life imprisonment be suspended pending the disposal of an appeal on the ground of statutory delay?
- Is a convict entitled to bail under Section 426 of the Code of Criminal Procedure 1898 if the delay in deciding the appeal is not attributable to them?
- Does the lack of a previous criminal record qualify a convict as a non-desperate or non-hardened criminal for the purpose of sentence suspension?
- Section 302, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 426, Code of Criminal Procedure 1898
ORDER
Criminal Miscellaneous No,1 of 2009 ' The petitioner seeks his release on bail through suspension of sentence of imprisonment for life awarded to him vide judgment 'dated 17-7-2009 passed by the learned ASJ, Phalia, District Mandi Baha-udDin, in case F.I.R. No,173 of 2004 dated 14-5-2004 Police Station Pharianwali, District Mandi Bahaud-Din, under sections 302/109/34, P. P. C .
2. Learned counsel for the petitioner has contended that the petitioner preferred the instant appeal on 18-8-2009 and which has yet not reached its logical end although the petitioner has not made any contribution towards the delay in disposal of the same; that the petitioner is a non-convict previously and that he does not bear history of involvement in such cases in the past so cannot be deemed to be desperate or hardened criminal.
3. Learned DPG has vehemently opposed the petition. It is contended that the petitioner and his co- accused took life of an innocent person and that the initial presumption of innocence in his favour has evaporated due to judgment of the learned ASJ. It is, however, admitted that he is non-convict previously and does not bear history of involvement in such cases.
4. It is evident from the record that the appeal filed on 18-8-2009 has not been decided so far and that the petitioner is not responsible for this delay, which is natural result of the fact, that the Court is over A burdened. The petitioner is neither a desperate nor hardened criminal. No ground is available to withhold the concession of bail admissible on statutory ground, under section 426, Cr.P.C. As amended through Act No,VIII of 2011.
5. For the reasons supra, the petition is accepted and the sentence of the petitioner is suspended.
He be released on bail subject to his furnishing bail bonds in the sum of Rs,500,000 (Rupees five lacs) only with two sureties each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court. He is directed to remain in attendance on each and every date of hearing till the disposal of the main appeal.
Cited by 3 cases
- ALLAHANDO KALHORO vs The STATE 2014 PLD Sindh 483
- GHULAM MUHAMMAD and another vs The STATE 2014 YLR 303
- MEHMOOD vs The STATE 2013 YLR 906